Bill > HF945

This bill modifies existing Iowa law regarding immunity for individuals who use reasonable force in self-defense, others' defense, or property defense. The bill expands the current law by establishing a clear legal process for defendants to assert their immunity before a trial. Specifically, the bill allows defendants in criminal cases to file a motion at least 45 days before trial, after which the court will conduct a pretrial hearing to determine immunity. If the defendant establishes a prima facie (initial) claim of immunity, the burden shifts to the state to prove by clear and convincing evidence that the immunity should not apply. If the state fails to overcome the immunity claim, the case will be dismissed with prejudice. The bill also clarifies that defendants can raise immunity as an affirmative defense in civil cases and preserves their right to raise defenses or immunity at trial even if a pretrial motion is denied. The key innovation is providing a structured legal mechanism for evaluating self-defense immunity claims before a full trial, which could help protect individuals who use reasonable force in defensive situations from unnecessary legal proceedings.

Justice

Judiciary (House)

https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF945